New York Attorney General Letitia James (D) and 1199SEIU United Healthcare Workers East President George Gresham continued their call Monday for tougher staffing mandates among the state’s nursing homes at a joint press conference. Not everyone thinks the requirements are a good idea, however.
“Special interest press conferences in support of unattainable staffing mandates do nothing to solve New York’s long-term care workforce crisis,” New York State Health Facilities Association President Stephen Hanse told the McKnight’s Business Daily. “Only collaboration between government, providers and labor working together to advance tangible actions such as increasing the state’s nation-leading low Medicaid rate and implementing initiatives to recruit and retain workers will solve New York’s long-term care workforce crisis.”
New York would require skilled nursing facilities to provide a daily average of 3.5 hours of care per resident by a nurse or nursing assistant. In addition, the staffing mandates would require operators to spend at least 70% of revenue on direct patient care and at least 40% of that amount on resident-facing staff.
“1199 SEIU’s efforts to advance the unrealistic 70/40 and 3.5 staffing mandates during a workforce crisis is like advancing a law to make the sun rise in the West. It’s simply not possible,” Hanse said.
James said that the skilled nursing industry was “ill equipped” to deal with the pandemic crisis. “Chronic under-staffing, lack of infection control protocols and poor training contributed to the tragic deaths of nursing home residents and workers alike,” she said.
Gresham said he applauded the attorney general’s “unwavering commitment to uncovering the critical failures of the industry during this pandemic and lending her voice in support of New York’s most vulnerable people.”
One industry official, however, suggested higher reimbursement from the state as part of the solution.
A “stable, well-paid workforce” is important, LeadingAge New York CEO James W. Clyne Jr. told the McKnight’s Business Daily, “and it is directly linked to how much New York state pays nursing homes, since the state covers more than 75% of the days of care.”
Independent studies, he added, “have shown that New York state has one of the most inadequate Medicaid rates in the country. During the pandemic, as costs of care were rapidly increasing, New York state actually cut reimbursement to nursing homes.”
Gov. Kathy Huchul (D) has delayed enforcement of the staffing mandates through several executive orders, citing “staffing shortages in hospitals and other healthcare facilities.” Enforcement of the legislation passed last May is postponed until at least mid-April.
